We use cookies to customise content for your subscription and for analytics.If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

According to Spiegel Online, German legislation has been drafted that is intended to prevent employers from doing a Facebook background check and from checking other social networking pages of job applicants as part of the hiring decision process. However, employers reportedly would be allowed to review sites, like LinkedIn, that are specifically intended to enable job applicants to promote themselves to employers.

Furthermore, information that generally is available on the Internet about job candidates reportedly would be permitted for review by employers, suggesting that employers could conduct Google searches relating to job applicants.

But employers reportedly would not be entitled to use Internet information pertaining to job applicants if that information is too dated or is beyond the control of the applicants.

Obviously, the foregoing is vague and the devil will be in the precise details of the legislation, to the extent it actually becomes law.

And even if a law is passed in Germany, and perhaps laws in other countries, people still would be smart not to live to out loud on their social networking pages. Plainly, people will post personal information on their individual social networking pages from time to time, yet they should take care not to post information or photos that might seem fun at the moment, but that later could be embarrassing and could cause negative consequences.